Thursday, February 11, 2016

Challenge To Ban On Marriage Ceremonies Without License Dismissed For Lack of Standing

In Carrick v. Snyder, (ED MI, Feb. 10, 2016), a Michigan federal district court dismissed for lack of standing a minister's First Amendment challenge to Michigan statutes that impose civil and criminal sanctions on anyone authorized to perform a marriage ceremony who does so for a couple who have not obtained a marriage license. (See prior related posting.) The court held that plaintiff had not alleged any actual intent to perform marriage ceremonies for couples without licenses.  According to the court:
plaintiff asserts an entirely hypothetical injury where he or unspecified others will not marry unspecified couples or groups because they might face hypothetical penalties from the state of Michigan.